Chemical Accident Prevention Program 112(r)

The Forsyth County Office of Environmental Assistance and Protection is the air
quality control agency for Forsyth County and has been delegated authority to implement
the Chemical Accident Prevention Program under Title 40 of the Code of Federal Regulations
Part 68 (40 CFR Part 68).

The Department’s goal is to protect the public health and the environment, and assist
local businesses in their compliance obligations. The Department supports EPA Region
4’s goal that all stationary sources regulated under the Risk Management Program
(RMP) eliminate, by all reasonable means necessary, all off-site consequences associated
with alternative (realistic) release scenarios. The Department encourages owners
and operators to implement active mitigation measures and use realistic assumptions
for all passive and active process safe guards in their respective alternative release
scenarios. This goal is protective of human health and the environment, and consistent
with responsible management practices.

The Chemical Accident Prevention rule was mandated by Congress in the Clean Air
Act Amendments (CAAA) under Section 112(r) for the prevention of accidental chemical
releases of hazardous substances. The purpose of the Chemical Accident Prevention
rule, 112(r), is to ensure that facilities reduce the likelihood and severity of
accidental chemical releases that could be harmful to the public and the environment.
Facilities subject to the Chemical Accident Prevention rule must prevent, detect,
and respond to chemical releases, to protect themselves, their staff, the public,
and the environment.

In accordance with 40 CFR Part 68, if a facility has more than the threshold quantity
(TQ) of a 112(r) listed "regulated substance" in a single process, it is required
to develop and implement a risk management program. In terms of the regulation,
"process" means manufacturing, storing, distributing, handling, or using a regulated
substance in any way. The regulated substances are divided into two categories:
Toxic Substances and
Flammable Substances. [NOTE: Listed flammable substances are excluded from
all provisions of the rule when the substance is used as a fuel or held for sale
as a fuel at a retail facility. All other uses of listed flammable substances are
covered by the rule.]

All facilities that use any of the listed chemicals or any other extremely hazardous
chemicals, even amounts under the TQ, have a responsibility under the 112(r) General
Duty clause in the Clean Air Act to identify possible hazards, to prevent releases,
and to minimize the consequences of releases. For more information on "General Duty",
you may
download a fact sheet.

If you have any questions or need additional information please contact the 112(r) Coordinator by email or by telephone at (336) 703-2440.